Judge: New trial not needed, CaroMont still owes $511,200 for pain and suffering

Adam Lawson Gazette staff GazetteLawson

Monday

Jun 11, 2018 at 2:17 PM

A Superior Court judge denied a request by CaroMont Regional Medical Center attorneys to vacate a verdict that found the Gastonia hospital liable for more than $500,000 in medical malpractice claims.

Judge Julia Gullett ruled Monday a jury acted responsibly in awarding the estate of Belmont resident Edwin J. Gault Sr. $511,200 for pain and suffering, that Gault's attorney was allowed to present the expert witness it did and that Gullett didn't act with prejudice when she relayed instructions to the jury while not in open court.

Gault filed suit against CaroMont Health in May 2016, alleging he developed a deep tissue injury on his tailbone because he wasn't repositioned enough following a heart bypass surgery at the hospital in November 2014.

He died of an unrelated cause on Dec. 18, 2016, but his widow, Teresa Gault, carried on the lawsuit.

In March, a jury ruled against CaroMont and ordered the hospital to pay for pain and suffering. But CaroMont, represented by Charlotte attorneys Stacy Stevenson and Brooke Loucks, immediately challenged that ruling and tried to get a new trial.

Monday's ruling doesn't preclude CaroMont from appealing to the state Court of Appeals, which is the course Teresa Gault's attorneys anticipate the case taking.

"I think after their tone today that they probably will," said Josiah Corrigan, of Kinston. "It sounds like it."

Gault was too weak to take care of himself after undergoing surgery on Nov. 14, 2014. Medical records first noted a breakdown of skin on the tailbone on Nov. 20. Nurses would go four hours or more at a time without repositioning Gault, according to Corrigan.

The condition worsened over time and required additional surgical procedures to repair, Corrigan said.

Though Gault ultimately recovered from these injuries, he was in pain for about eight months, according to Gault attorney Parke Morris, who is based in Memphis, Tennessee.

Stevenson argued Monday that the plaintiffs shouldn't have been allowed to have their own expert witness testify at the trial because it was never made clear that he was qualified.

She added that the jury shouldn't have been allowed to review portions of a document shown on a projector during the trial but not discussed in open court, and that it was irresponsible for Gullett to relay instructions for the jury to a bailiff after the trial had concluded but prior to a verdict being reached.

Gullett admitted she erred by having an ex parte conversation but didn't show prejudice. She dismissed all arguments Stevenson presented for a new trial.

Teresa Gault said the added hearing has made her relive the suffering faced by her late husband of 27 years.

"It was unimaginable," she said. "It was hard today. It brought it back and it was hard today."

CaroMont has denied wrongdoing since the verdict was handed down. In March, CaroMont CEO Chris Peek said in a written statement to The Gazette that proper procedures were followed in Eddie Gault's care.

He said then that pre-existing conditions could've developed Gault's injury.

Corrigan said his client was prepared to accept a settlement, but that CaroMont never offered a dime to avoid trial. He says he's happy with how the trial played out.

"The process is solid," he said. "Reasonable people can disagree. Obviously they disagreed but 12 people sworn to an oath disagreed with those two ladies and their nurses."

Eddie Gault, 75, was a Holbrook High School graduate, Air Force veteran and retired superintendent of Pharr Yarns Inc. with 25 years of service to the company. He owned and operated the courier service Gault Express for eight years after leaving Pharr Yarns.

He liked to golf and attended Grace Baptist Church, according to his obituary.

The North Carolina court system applies an 8-percent interest to judgment payouts from the time a lawsuit is filed. If CaroMont declines to appeal the case further, it would owe Teresa Gault close to $600,000.

You can reach Adam Lawson at 704-869-1842 or on Twitter @GazetteLawson.

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